New York UPL Statute Summary
New York has a section of statute dedicated to “Immigrant Assistance Services” (General Business §460-a – 460-k) which prohibits notarios from acting as a lawyer or holding themselves out as able to conduct legal services. Specifically, immigration services providers may not use the titles “notary public” (unless they are notary publics), “accredited representative of the Board of Immigration Appeals,” “notario publico,” “notario,” “immigration specialist,” “immigration consultant,” or similar. They also cannot give advice on the determination of a person’s immigration status, including advising him or her as to answers on a government form regarding such determination. N.Y. Gen. Bus. Law §460-d
§460-h. Enforcement.
Upon any violation of this article, an application may be made by the attorney general in the name of the people of the state to a court having jurisdiction to issue an injunction, and upon notice to the respondent of not fewer than five days, to enjoin and restrain the continuance of the violation. If it shall appear to the satisfaction of the court or justice that the defendant has, in fact, violated this article, an injunction may be issued by such court or justice, enjoining and restraining any further violation, without requiring proof that any person has, in fact, been injured or damaged thereby. In any such proceeding, the court may make allowances to the attorney general as provided in paragraph six of subdivision (a) of section eighty-three hundred three of the civil practice law and rules, and direct restitution. Whenever the court shall determine that a violation of this article has occurred, the court may impose a civil penalty of not more than ten thousand dollars for each violation.
§460-i. Violations.
Any violation of any provision of this article shall be a class A misdemeanor, and upon conviction thereof, shall be punishable by a fine of not more than one thousand dollars, or by imprisonment for not more than one year, or by both such fine and imprisonment; provided however, a second or subsequent offense shall be punishable by a fine of not more than three thousand dollars or by imprisonment for not more than one year, or by both such fine and imprisonment. In addition, the court may order as part of the sentence imposed restitution or reparation to the victim of the crime pursuant to section 60.27 of the penal law. The attorney general shall have the power to prosecute any violation of this article.
The New York Penal Code also punishes “immigration assistance services fraud:”
NY Penal Law §190.87
A person is guilty of immigrant assistance services fraud in the second degree when, with intent to defraud another person seeking immigrant assistance services, as defined in article twenty-eight-C of the general business law, from such person, he or she violates section four hundred sixty-d of the general business law with intent to obtain property from such other person by false or fraudulent pretenses, representations or promises, and thereby wrongfully obtains such property. Immigrant assistance services fraud in the second degree is a class A misdemeanor.
NY Penal Law §190.89
A person is guilty of immigrant assistance services fraud in the first degree when, with intent to defraud another person seeking immigrant assistance services, as defined in article twenty-eight-C of the general business law, from such person, he or she violates section four hundred sixty-d of the general business law with intent to obtain property from such other person by false or fraudulent pretenses, representations or promises, and thereby wrongfully obtains such property with a value in excess of one thousand dollars. Immigrant assistance services fraud in the first degree is a class E felony.
Enforcement Mechanisms/Complaint Processes for UPIL
The process involves filling out an online complaint, stopping by a regional office of the OAG, or calling The Civil Rights Bureau (which can only translate for Spanish) and filling out their complaint form. An investigation may take place only if there are multiple victims. Also, since it is basically a consumer protection statute, it only offers civil relief and damages that don't reflect the actual harm to the immigration. However, if they can get the offender for being a fake lawyer, they kick it over to Special Prosecutions and presumably use Judiciary Law § 478 or something like that for criminal penalties, or if they can get them for grand larceny.
Reporting Ineffective Assistance of Counsel
To report ineffective assistance of counsel in New York, review this instruction page; there is information for each county/judicial district.
Contact Information for Relevant Agencies
Notary Public Information:
NYS Department of StateDivision of Licensing Services
P.O. Box 22065
Albany, NY 12201-2065
Customer Service: (518) 474-4429
Attorney General’s Office:
Civil Rights BureauNew York State Attorney General's Office
28 Liberty Street
New York, NY 10005
Tel: (212)-416-8250
Fax: (212) 416-6030
OAG Hotline: (800) 771-7755
Immigration Fraud Hotline: (866) 390-2992
Email: civil.rights@ag.ny.gov
Becoming a Notary Public
To become a notary public in New York, one must:
- Be at least 18 years old.
- Be a person of good moral character.
- Reside within the state or maintain a business office in New York.
- Have the equivalent of a “common school education.”
- Be a U.S. citizen or legal permanent resident.
- Complete the application process.
- Not be convicted of a felony or of certain misdemqeanors, unless you have an executive pardon or a parole board certificate of good conduct.
- Submit to the Division of Licensing Services an original application and $60 fee.
- Submit a "pass slip" showing that the applicant has taken and passed the notary public examination
For more information, here is the Notary Public page on the Department of State site, You may access their Frequently Asked Questions page here.
